1Upon termination of preliminary investigations, where it is proceeded against criminal misdemeanours, the prosecutor shall decide on dismissing the charge or case when:

ait is clear that the fact does not exist;

bthe fact is not provided for by law as a criminal offence;

cthe victim has not lodged a complaint or waives it, in cases where the proceedings are initiated on his request;

çthe person cannot be taken as defendant or he may not be punished;

dthere exists a reason that extinguishes the criminal offence or for which the criminal proceedings should not be initiated or continued;

dhit is proven that the defendant has not committed the offence or it is not proven that the defendant has committed the offence;

ethe defendant has been adjudicated by a final court decision for the same act;

ëthe defendant dies;

fin other cases provided for by the law.

2The prosecutor shall, within 5 days of the decision on dismissal being made, notify the defendant, his defense lawyer, the victim and their heirs, when their identity and domicile results from the proceeding acts, as well as the person having filed the criminal report or complaint, thus making known the right to get to know the acts, to take copies thereof and to file an appeal before the court.